Parental visitation is often discussed at length. But one topic that can be overlooked is sibling visitation.
There are many situations in which siblings can be separated from each other. Some examples include:
- Siblings over the age of 18 wanting to visit a younger sibling
- Siblings separated because of a fall out between parents
- Siblings who are adopted by a different family/or in foster care
- Siblings with different parents (ex: those who have the same mother but different father)
Especially during times of change and upheaval, the sibling relationship can be important and necessary. Which is why, in Illinois, siblings are provided rights to visitation to minor children age 1 or older.
Under the law, if a sibling is being denied visitation rights, they can bring forth a petition for visitation. In order to do this, it must be proven that the parent who is denying the visit is “being unreasonable or causing mental, physical, or emotional harm to the child.” In addition to the above, one of the following must be true:
- One parent is deceased or has been missing for at least 90 days;
- A parent is deemed incompetent under the law;
- A parent has been incarcerated for at least 90 days; or
- The parents are divorced (or there is a pending divorce case) or separated and at least one parent does not object to the sibling visitation; or
- The child is born to parents who are not married to each other or living together and the petitioner is a sibling.
The law defines siblings as: “a brother or sister either of the whole blood or the half blood, stepbrother, or stepsister of the minor child.”
Therefore, if a sibling wants to petition for visitation and meets the above criteria, they are allowed to do so. The courts will make the final decision if the sibling visitation will be granted.
As with any aspect of a divorce agreement, you should work with your Chicago divorce attorney to ensure you are receiving the best legal advice. For an initial consultation, call my office at (312) 621-5234.
